Andhra Pradesh High Court - Amravati
Sri Reddi Simhachalam vs The State Of Ap on 3 September, 2024
APHC010232132023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
TUESDAY ,THE THIRD DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 12233/2023
Between:
Sri Reddi Simhachalam ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. BOBBA VIJAYALAKSHMI
Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. GP FOR COOPERATION
The Court made the following:
:: ORDER :
:
The above writ petition is filed impugning the Memo dated 04.05.2023,
whereby respondents 2 to 5 are not allowing the petitioner to continue in
service up to the age of 62 years, despite the resolution of three men
SRS,J
committee dated 04.05.2023 and informing the petitioner regarding
continuation in service up to 62 years, as illegal and arbitrary.
2. Heard Sri Srinivas Basava, learned counsel for the petitioner and
Sri S.Raju, learned Assistant Government Pleader for Services appeared for
respondents 1 to 3, and Smt.V.Umadevi, learned Standing Counsel appeared
for respondent No.4. Notice of respondent No.5 is dispensed with because of
filing of General Body Resolution dated 29.03.2024 vide U.S.R.No.68839 of
2024.
3. A memo dated 04.05.2023 (Ex.P2) was issued informing the petitioner
about his superannuation. On the same day, a three-man committee passed a
resolution extending the age of superannuation from 60 years to 62 years.
4. By order dated 09.05.2023, a learned Single Judge of this Court
directed to continue the petitioner in service, without reference to the memo
dated 04.05.2023.
5. Pending writ petition, the General Body resolution of respondent No.5
was passed on 29.03.2024 extending the age of retirement of the petitioner
from 60 years to 62 years.
6. At the hearing, learned counsel for the petitioner has drawn the
attention of this Court to the common order passed in W.P.No.3255 of 2023
and batch, dated 06.05.2024.
SRS,J
7. Learned Single Judge of this Court by a common judgment in
W.P.No.3255 of 2023 and batch, upheld the power of society to enhance the
age of superannuation from 60 to 62 years as per Andhra Pradesh
Cooperative Societies Act and the Rules made there under. The issue
involved in the writ petition is squarely covered by order in W.P.No.3255 of
2023 and batch. In fact, in pursuance of the common order, by following the
same, writ petitions were disposed of at the admission stage.
8. Given the facts and circumstances of the case, the Writ Petition is
disposed of at the stage of admission with the consent of counsels, directing
respondent No.5 to continue the petitioner in service, till he attains the age of
62 years. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________
JUSTICE SUBBA REDDY SATTI
Date : 03.09.2024
TVN
SRS,J
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.12233 OF 2023
Date : 03.09.2024
TVN
